JOHN KENNETH O.

DE GUZMAN
JD 1-1

Republic of the Philippines

Court of Appeals
Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff – Appellee,

- versus - CA-GR. No. 0915-B

For: Violation of Anti-Hazing
Law

JUAN DELA CRUZ,

Accused – Appellant.

x----------------------x

APPELLEE’S BRIEF

Plaintiff-appellee PEOPLE OF THE PHILIPPINES, represented by

the Office of the Solicitor General in answer to the allegations raised

by the accused-appellant in his Brief, respectfully states:

PREFATORY STATEMENT

Through this appeal, accused-appellant assails the judgment

dated February 14, 2004, rendered by Hon. Judge Barabas Baldoza of

the Regional Trial Court, Branch 12 Quezon City, finding him guilty
JOHN KENNETH O. DE GUZMAN
JD 1-1

beyond reasonable doubt for Violating the Anti-hazing law resulting to

the death of PEDRO PENDUKO y ASHUANG.

On January 14, 2004 the lower court filed information on the

accused-appellant which reads as follows:

That on or about 2:00 in the early morning of December

24, 2004, at Unit 205A East-West Townhomes, Ermin
Garcia St, Anonas, Quezon City and within the
jurisdiction of the Honorable Court, the above-name
accused, during an initiation rite and being then
members of Alpha Gummy Bears Tapsilog fraternity and
present thereat, in conspiracy with more or less 11 other
members and officers, whose identity is not yet known,
did right then and there willfully, unlawfully and
feloniously assault and use personal physical violence
upon the person of one PEDRO PENDUKO y ASHUANG, a
neophyte thereof and as condition for his admission for
application to the fraternity, thereby subjecting him to
physical harm, resulting to his death, to the damage and
prejudice of the heirs of the victim.

CONTRARY TO LAW.

On January 20, 2004 the information was later on amended adding

the following words:

That on or about 2:00 in the early morning of December

24, 2004, at Unit 205A East-West Townhomes, Ermin
Garcia St, Anonas, Quezon City and within the
jurisdiction of the Honorable Court, the above-name
accused, during a scheduled initiation rite and being
then members of Alpha Gummy Bears Tapsilog fraternity
and present thereat, in conspiracy with more or less 11
other members and officers, whose identity is not yet
known, did right then and there willfully, unlawfully and
feloniously assault and use personal physical violence
upon the person of one PEDRO PENDUKO y ASHUANG, a
JOHN KENNETH O. DE GUZMAN
JD 1-1

neophyte thereof and as condition for his admission for

application to the fraternity, thereby subjecting him to
physical harm, resulting to his death, to the damage and
prejudice of the heirs of the victim.

CONTRARY TO LAW.

Upon arraignment, herein appellant and the other members of

the Alpha Gummy Bears Fraternity pleaded not guilty of the crime

charged against each and every one of them.

The prosecution established the guilt of all the accused beyond

reasonable doubt by presenting as evidence the testimony of the

witness.

JUANITA BANANA (Banana) the guard at East-West

Townhomes, Ermin Garcia St, Anonas, Quezon City states that Juan

Dela Cruz entered the premises of the abovementioned townhomes as

evidenced by the ID presented and the name and signature affixed in

the logbook. She also said that Dela Cruz was one of those who arrive

at the Townhomes carrying a black bag and was wearing a red t shirt

with the logo of the AGBT Fraternity.

DR. MA. LOURDES QUINTO (Quinto) was the Medico-Legal officer of

the NationalBureau of Investigation who examined the body of

Penduko on January 16, 2004 (about 10:30a.m.), testified that the

latter was positive of being a victim of the hazing as the wounds

inflicted were so severe and serious that there be no other means to

acquire such except through hazing.

JOHN KENNETH O. DE GUZMAN
JD 1-1

COUNTER-ARGUMENTS

Plaintiff-appellee raises the following counter-arguments to the

assignment of errors raised by the accused-appellant:

1. The prosecution’s evidence is insufficient to prove the guilt

of the accused-appellant beyond reasonable doubt;

2. The prosecution failed to establish a conspiracy between

JUAN DELA CRUZ and the officers of the Alpha Gummy Bears
fraternity.

DISCUSSION

I. The prosecution’s evidence is insufficient to prove the guilt

of the accused-appellant beyond reasonable doubt;

The standard that must be met by the prosecution's evidence in

a criminal prosecution: that no other logical explanation can be

derived from the facts except that the defendant committed the crime,

thereby overcoming the presumption that a person is innocent until

proven guilty.

In criminal law, there is a much bigger challenge to prove the

guilt of the accused as compared to civil law which merely needs a

preponderance of evidence to establish the guilt of a person. The

prosecution believes that the facts and the testimonies gathered in

this case are sufficient proof to establish the guilt beyond reasonable

doubt of the accused. His alibi is bereft and cannot be given of merit.

The testimonies of the witnesses presented by the accused cannot be

given consideration as they cannot be considered as disinterested

JOHN KENNETH O. DE GUZMAN
JD 1-1

parties in the case. The testimony was corroborated by his cousin and

hence could not be given credence. It further found that the defense

failed to cast doubt on the positive identification made by the

prosecution witnesses; and that denial, being inherently weak, could

not prevail over the positive identification of the accused as the

perpetrators of the crime.

II. The prosecution failed to establish a conspiracy between JUAN

DELA CRUZ and the officers of the Alpha Gummy Bears fraternity.

The allegations of the appellee must be rebutted as they merely

rely on the provisions of the Revised Penal Code. It is noteworthy to

say that the Revised Penal Code is a general law whereas RA 8049 or

the Anti-hazing Law is a special penal law. And as a rule, special laws

prevail over general law.

Hazing can be classified into various categories including, but

not limited to, acts of violence, acts of humiliation, sexual-related acts,

and alcohol-related acts. The physical form of hazing may include

beating, branding, paddling, excessive exercise, drinking, and using

drugs. Sexual hazing have included simulated sex acts, sodomy and

forced kissing. Moreover, hazing does not only result in physical

injuries and hospitalization, but also lead to emotional damage and

traumatic stress.
JOHN KENNETH O. DE GUZMAN
JD 1-1

CONSPIRACY OF THE OFFENDERS WAS DULY PROVEN

The petitioners assail that the prosecution failed to establish the

fact of conspiracy.

The Court disagrees.

A conspiracy exists when two or more persons come to an

agreement concerning the commission of a felony and decide to

commit it. To determine conspiracy, there must be a common design

to commit a felony. The overt act or acts of the accused may consist of

active participation in the actual commission of the crime itself or may

consist of moral assistance to his co-conspirators by moving them to

execute or implement the criminal plan.

In conspiracy, it need not be shown that the parties actually

came together and agreed in express terms to enter into and pursue a

common design. The assent of the minds may be and, from the

secrecy of the crime, usually inferred from proof of facts and

circumstances which, taken together, indicate that they are parts of

some complete whole. Responsibility of a conspirator is not confined to

the accomplishment of a particular purpose of conspiracy but extends

to collateral acts and offenses incident to and growing out of the

purpose intended
JOHN KENNETH O. DE GUZMAN
JD 1-1

PRAYER

VIEWED IN THE FOREGOING LIGHT, it is respectfully prayed

for that the instant appeal be DENIED for lack of merit. Other relief

and remedies as are just and equitable, are likewise prayed for.

March 31, 2006 Manila City, Philippines

OFFICE OF THE SOLICITOR GENERAL

#234 Palack St, GSIS Building,Brgy. Vito Cruz, Manila, Philippines

By
123456 Associate Solicitor General

Copy Furnished

JOHN KENNETH O. DE GUZMAN

Counsel for Accused-Appellant
IBP Lifetime NO. 0523
Roll No. 12345
MCLE II Compliance No. 0008965
#8 Jose Abad Santos, Gilmore
Avenue, Quezon City

KATRINA KAREN O. DE GUZMAN

Counsel for Accused-Appellant
IBP Lifetime NO. 0256
Roll No. 54321
MCLE II Compliance No. 0008965
#8 Jose Abad Santos, Gilmore
Avenue, Quezon City